Appeals hearing Wednesday for former Huntsville schools' CFO

Herbert Wheeler resigned June 2 as chief financial officer of Huntsville City Schools, but remained the district's business director. He was later fired by new Superintendent Casey Wardynski. (The Huntsville Times)

HUNTSVILLE, Alabama -- Appeals hearings have been scheduled for three former Huntsville school district employees fired by the new superintendent, with the first hearing to be held Wednesday for the system's former chief financial officer.

Herbert Wheeler's hearing will be held before the school board at 9 a.m. at the Annie C. Merts Center. Wheeler was fired in July, just weeks into Dr. Casey Wardynski's job as superintendent.

Former Grissom football coach Keith Henderson has a hearing before the board Oct. 28. Fillis McGhee, former Hampton Cove Elementary principal, will have an evidentiary hearing before Circuit Court Judge Jim Smith on Oct. 26.

A fourth fired employee, Jo Ann Thompson, has not had a hearing date set yet, her attorney, Fred Fohrell, said last week. The Davis Hills Middle School teacher was accused of taking time off in the first week of school, despite being denied the leave by Wardynski and the school principal.

Jake Watson, the attorney representing Wheeler, Henderson and McGhee, said on Friday that he is optimistic about Wheeler getting his job back.

"I think it will go in his favor," Watson said. "His record with the system had been essentially flawless until he was notified that he was terminated."

Wheeler, who was hired as the system's business director in 2005, initially resigned as CFO on June 2, the same night the board chose Wardynski as the new superintendent. He chose to remain as business director, keeping his salary of just over $114,000.

Wardynski put Wheeler on paid administrative leave shortly after beginning his job on July 5. Wheeler has remained on leave since.

Wheeler was CFO of the system during its worst financial crisis in recent memory. The district found itself nearly $20 million in debt at the end of the 2011 fiscal year last October.

The board has subsequently made drastic spending cuts, including laying off more than 400 employees earlier this year.

Frank Spinelli, who Wardynski worked with in Aurora, Colo., before coming to Huntsville, was named CFO of the school system on Aug. 2.

Wardynski fired Henderson following an Aug. 13 arrest on a charge of driving under the influence on the Grissom campus. Henderson had allegedly been cutting grass on the school's practice football field before his arrest.

Henderson was trying to move a large tractor tire off of the field with a district-owned truck when the truck became stuck. The noise made by his efforts to get the truck loose prompted neighbors to call police.

The coach registered a .12 blood alcohol level on a Breathalyzer test, Wardynski has said. Alabama's legal limit is .08.

McGhee's contract as principal was canceled the same week Henderson was fired. Wardynski brought to the board allegations that McGhee used her position to secure a job for her sister and falsified documents to get her 2-year-old niece in her school's pre-K program.

Wardynski also said McGhee falsified professional learning plans for several of her teachers and charged parents for an after-school tutoring program, then had them make the checks out directly to her.

Under state law, McGhee had the right to request an expedited, non-jury hearing in circuit court. Watson said the school system has the burden of proving its case against her.

The defense lawyer said he is confident that the judge will order McGhee's reinstatement.

If the judge rules in favor of the school district, McGhee would then have the right to appeal that decision to the Alabama Court of Civil Appeals.